The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-07-18
A BIG Il. y o. SUIT.
Judge Dnfy Decides Tint the Road Must
sta - firing tnto Court srh 900 r s.sQ.t%

Judge Dutfy Decides That the Road Must
firing into Court $4,000. s2S}
BALTIMORE, July 17-About three years
ago William Brydon, OF Allegheny coun.
ty, brought suis against the Baltimore &
Ohio railroad to recover s75. 900 for breach
OF contract for refusing to carry coal from
the sixioot vein at stipulated prices. The
mine was owned and controlled by Bry.
don and ex-senator Henry G. Davis, OF
West Virginia. Tho case attracted gener.
al attention at the time, as 1t involved a
precedent which must either benefit the
railroad or the mine owners. The ablest
counsel in the State WAS employed on both
sides, and alter lengthy trial the jary
awarded verdict in favor Of Brydon. The
Judgment was afterward affirmed by the
Court Of Appeals. "a r.. = Il,
After the rendition Of the decision,
Thomas Gemmell, IN En2lishmsn, and
Malcolm Sinclair, oil Allegheny county,
filed a bill in the court claiming the pro.
ceads OF judgment IS belonging to the
North Branch Coal Company, Of which
they claimed to be large stockholders, and
obtained on Injunction against the Balti.
more d Ohio restraining the Company
from paying the money over to Brydon OF
to Henry,G. Dsvis..& Co., to.whomhe hadas.
signed the judgment by entering 1t to theil
use. In the meantime nuinber Of attach.
ments had been laid in the hands OF the
Baltimore & Ohio Company against Bry.
don and the North Branch Coal Com prny,
sRgregating between $4,000 and Sl2 900.
All this time the Baltimore & Ohio still
held the money. Now Brydon, Davis and
the North Branch Coal Company come in
and ASH the Court to require the
Baltimore & Ohio h. Company 10
bring into court for investment the
amount Of this Judgment and interest,
which would reach about ST., 900, and to
hsve the bonds given by Gsmmel when
the Injunction was obtained and which
was in the penalty Of 10000 increased to
q Gum large enough to meet all damages,
Judge Duly, of this city, before whom the
appeal was made to-day decided that this
money wss in the condition Of contested
fund held under the jurisdiction OF the
Court, and should be disposed OF in the
same manner as courts Of equity in this
State invest such fund, and that no court
would put this fund as go investment ia
such security as 3 Judgment oil railroad
company, but would direct It's investment
in State stocks of city loans or the like Of
them, and although the latter Investments
might realize only 3 per. cent interests in.
stead OF 6 per cent, the compensation was
found In the. increased security. 6a,.1.s
AS to the amount to be brought in he
thought the Baltimore & Ohio Railroad
Company ought to be protected against
the attachments, and to that extent they
might retain o cum nuflicient for the pur.
pose, but he would siQn an order directing
all the balance Of the judgment and inter.
eat to be brought into court for investment
under Its order. AS to tho increase of the
injunction bond he thought after passing
the other order the parties would be sufii.
GENTLY protected and be would override
that motion. The money to be brought
IN. LEES the attachment, will be about
s75, 900. 1t is understood there is no ap.
peal from this order. q: 81